Wireless Telecommunications

Lawyers representing a man convicted of six robberies in the Detroit area have now filed their opening brief at the Supreme Court in one of the most important digital privacy cases in recent years. This case, Carpenter v. United States, asks a simple question: is it OK for police to seize and search 127 days of cell-site location information (CSLI) without a warrant? Previously, lower courts have said that such practices are compatible with current law. But the fact that the Supreme Court agreed to hear the case suggests that at least four justices feel that perhaps the law should be changed.

In Carpenter, as is the case in countless modern criminal cases, law enforcement was able to obtain the relevant records directly from the mobile phone provider with a court order that has less stringent requirements than a warrant. This is not a trivial distinction. A so-called "d-order" can be circumspect with how information is obtained by authorities. It does not, as the Fourth Amendment demands, require as much particularity. A warrant, unlike a d-order application, also mandates a signed and sworn affidavit ("on oath or affirmation"), as the Constitution requires, which describes the "places to be searched and the things to be seized." Carpenter's attorneys, many of whom are from the American Civil Liberties Union, argue in their filing that the current legal standard gives the government too much leeway. "If the Court were to accept this argument, the government could use this tool to monitor the minute-by-minute whereabouts of anyone—from ordinary citizens to prominent businesspersons to leaders of social movements," they wrote in their August 7 brief.

The Senate approval by unanimous consent of the (S. 19), a bill they introduced to boost the development of next-generation gigabit wireless broadband services, including 5G, by ensuring more spectrum is made available for commercial use and by reducing the red tape associated with building broadband networks. Elements of :

Making 500 megahertz available: A 2010 executive order set a goal of making available 500 MHz of federal spectrum for private sector use by 2020. The makes that goal the law.
Speeding up 5G infrastructure: Next-generation gigabit wireless services, like 5G, will rely on smaller and more numerous antenna and infrastructure systems than current cellular technology. Federal agencies would have a new obligation to make decisions on applications and permit requests for placing wireless infrastructure on federal property in a timely and reasonable manner.
Spectrum assessments: The bill directs the Federal government to conduct assessments of spectrum in the 3 GHz band and in the millimeter wave frequencies to determine whether authorizing licensed or unlicensed wireless broadband services in those bands is feasible, and if so, which frequencies are best suited for such operations. Frequencies totaling more than 13 gigahertz of bandwidth will be studied, most of which are in the millimeter wave frequencies that will be critical for next-generation wireless networks, including 5G mobile networks.
Dig once: The Act facilitates adoption of safe and efficient “dig once” policies by states. Dig once is the idea that a single conduit through which all broadband wires can be run should be laid in the ground at the same time as other below-ground infrastructure work, like highway construction. Dig once can reduce costs for deployment of broadband infrastructure.
National broadband facilities asset database: The bill creates a central, online inventory of federal government property assets available or appropriate for private-sector deployment of broadband facilities. Such information includes the location of buildings and points of contact for siting applications. State and local governments would be permitted to voluntarily submit information about their assets to the inventory.
Reallocation incentives: The Commerce Department would be directed to issue a report within 18 months on additional legislative or regulatory proposals to incentivize Federal entities to relinquish or share their spectrum with non-federal spectrum users.
Immediate transfer of funds for agencies: The accelerates the relocation of Federal entities by allowing existing Spectrum Relocation Fund balances to be transferred to agencies for transition efforts immediately upon completion of an auction, rather than after the actual receipt by the Fund of auction proceeds. By immediately executing their transition plans, agencies would reduce their timelines to vacate, potentially increasing auction proceeds due to the value of accelerated access to the auctioned bands.

The internet’s global expansion is entering a new phase, and it looks decidedly unlike the last one. Instead of typing searches and e-mails, a wave of newcomers—“the next billion,” the tech industry calls them—is avoiding text, using voice activation and communicating with images. They are a swath of the world’s less-educated, online for the first time thanks to low-end smartphones, cheap data plans and intuitive apps that let them navigate despite poor literacy. Incumbent tech companies are finding they must rethink their products for these newcomers and face local competitors that have been quicker to figure them out.

Mr. Singh, 36, balances suitcases on his head in New Delhi, earning less than $8 a day as a porter in one of India’s biggest railway stations. He isn’t comfortable reading or using a keyboard. That doesn’t stop him from checking train schedules, messaging family and downloading movies. “We don’t know anything about e-mails or even how to send one,” said Mr. Singh, who went online only in the past year. “But we are enjoying the internet to the fullest.”

Sprint’s resumed talks about a potential merger with T-Mobile, being held at the same time as discussions with cable companies, shows the lengths billionaire Masayoshi Son is taking to build scale for a wireless carrier facing increasing competition in the US. The two mobile operators restarted discussions after Sprint’s exclusive negotiating period with Comcast and Charter Communications expired at the end of July, apparently. Son, who leads Sprint’s largest shareholder SoftBank Group Corp., is pursuing all options for industry consolidation as he continues to weigh a potential offer for Charter. SoftBank has been considering making a formal takeover bid for the cable company and combining it with Sprint.

Dish Network believes that its plan to launch a narrowband Internet of Things (IoT) network will enable it to meet the Federal Communications Commission’s build-out requirements for its spectrum, according to Jefferies Equity Research Americas. But it may need some help. Dish continues to sit on a significant pile of midband spectrum, but the clock is ticking for the company to put its airwaves to use one way or another. FCC rules stipulate that the satellite-TV provider must reach a 70% build-out by March 2020, and Dish faces similar mandates for its licenses in the AWS-4 band.

“We do not believe that it serves the public interest or makes business sense to build out a 4G/LTE network now that would duplicate networks already offered by the wireless incumbents, and subsequently require an almost immediate upgrade in order to be competitive,” the company wrote in a March filing with the FCC. “Instead, Dish plans to deploy a 5G-capable network, focused on supporting IoT—the first to be deployed in these bands anywhere in the world. … This network will not be burdened with a requirement to be backward-compatible with legacy services.”

On August 3, the passed the following technology and telecommunications bills:

1. S. 19, Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless Act (MOBILE NOW Act), Legislation to increase spectrum availability for next-generation gigabit wireless services and foster broadband deployment. Sponsors: Sens. John Thune (R-SD), Bill Nelson (D-FL)
2. S. 96, Improving Rural Call Quality and Reliability Act of 2017, Legislation to require the FCC to establish quality and reliability standards for rural phone networks. Sponsors: Sens. Amy Klobuchar (D-Minn.), John Thune (R-SD), Jon Tester (D-MT)
3. S. 123, Kari’s Law Act of 2017, Legislation initiated after the murder of Kari Hunt in a hotel in Marshall, Texas, when Hunt’s daughter tried to call 911 but was unsuccessful due to a required “9” prefix on the hotel phone. This legislation bans the requirement of a prefix when dialing 911 for assistance. Sponsors: Sens. Amy Klobuchar (D-MN), Deb Fischer (R-NE), Brian Schatz (D-Hawaii), John Cornyn (R-Texas), John Thune (R-SD), Ted Cruz (R-Texas)
4. S. 134, Spoofing Prevention Act of 2017, Legislation to stop the transmission of misleading or inaccurate caller ID information, including such calls and text messages originating overseas. Sponsors: Sens. Bill Nelson (D-Fla.), Deb Fischer (R-Neb.), Amy Klobuchar (D-MN), Roy Blunt (R-MO)
5. S. 174, Federal Communications Commission Consolidated Reporting Act of 2017, Legislation to require the FCC to condense duplicative reports on competition in the telecommunications market into one comprehensive report released every two years. Sponsors: Sens. Dean Heller (R-NV), Brian Schatz (D-Hawaii)
6. S. 88, Developing Innovation and Growing the Internet of Things Act (DIGIT Act), Legislation to bring together private sector and government entities to assess the needs of the Internet of Things (IoT) and study the readiness of government to support the IoT. Sponsors: Sens. Deb Fischer (R-NE), Cory Booker (D-NJ), Cory Gardner (R-CO), Brian Schatz (D-Hawaii)

The Federal Communications Commission established the procedures for a robust challenge process to ensure that the FCC targets Mobility Fund Phase II (MF-II) support to primarily rural areas that lack unsubsidized 4G LTE service. Establishing the challenge process will enable the FCC to resolve eligible area disputes quickly and expeditiously.

In February, the FCC established the framework for the MF-II, $4.53 billion of funding over ten years, and sought comment on the process under which interested parties could challenge the eligibility of areas for MF-II support. This action establishes a challenge process that will be administratively efficient and fiscally responsible. This item adopts parameters for a one-time collection of 4G LTE coverage data tailored to MF-II. The FCC will use this coverage data, in conjunction with subsidy data, to establish the map of presumptively eligible areas. Interested parties will have a window after the release of this map to file challenges to areas deemed presumptively ineligible, and providers will have an opportunity to respond to those challenges. This item also includes an Order on Reconsideration, which resolves certain issues raised in petitions for reconsideration of the Mobility Fund II Report and Order adopted in February.

The Federal Communications Commission took steps to streamline and harmonize its license renewal and service continuity rules to ensure that Wireless Radio Services (WRS) licensees have a consistent framework and use spectrum to benefit all Americans. The Report and Order provides a clear, harmonized set of rules, including:

• Establishing a consistent standard for renewing wireless licenses;
• Setting forth safe harbors providing expedited renewal for licensees that meet their initial term construction requirement and remain operating at or above that level;
• Adopting consistent service continuity rules, which provide for automatic termination of any license on which a licensee permanently discontinues service or operation;
• Eliminating unnecessary, legacy “comparative renewal rules”; and,
• Requiring that when portions of geographic licenses are sold, both parties to the transaction have a clear construction obligation and penalty in the event of failure, closing a loophole used to avoid our construction requirements.

The FCC also adopted a Further Notice of Proposed Rulemaking that seeks comment on a range of ideas to facilitate continued investment during the renewal terms

Often sparring partners, the wireless industry and public interest advocates both came out in support of the AIRWAVES Act — but with very different hopes for where the legislation would lead.

The bill instructs the Federal Communications Commission to auction off the government-controlled spectrum of radio frequencies used for wireless communication, with the first auction to be held by next December. The bill would allow some spectrum for exclusive, or “licensed” use, as well as some for shared, or “unlicensed” use. Public interest advocates have pushed the FCC to give more access to unlicensed users by allowing them to share spectrum with private companies who get exclusive rights to certain bands. Those with licenses argue sharing can interfere with their signals. The AIRWAVES bill, which stands for Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum, leaves the matter up to the FCC.

Many police officers, firefighters and paramedics carry their own smartphones to do the things their department-issued equipment can’t. But now, 16 years after the terrorist attacks of Sept. 11, 2001, exposed the inability of American first responders to talk to each other, a nationwide cellular network called “FirstNet” is launching to give public safety employees the ability to send data, video and text to each other.

When a crisis hits and cell towers are overwhelmed, calls from first responders will preempt calls made by the public. FirstNet is expected to be operational by March. Congress established the First Responder Network Authority after reports that firefighters and police officers were unable to communicate at the World Trade Center and the Pentagon after the Sept. 11 attacks. But the idea of placing all public safety agencies on one interoperable broadband network took off after AT&T was awarded wireless spectrum that will provide the bandwidth for the project and then committed to spending $40 billion to build new facilities and provide security for it. Each state, territory and the District of Columbia must opt in to the project individually so that their public service agencies can obtain the phones or sim cards and wireless plans needed to access FirstNet.